HomeMy WebLinkAboutResolution - - 2006-248 - 6/27/2006 RESOLUTION NO. 2006 - 248
A RESOLUTION OF THE COUNCIL OF THE CITY OF
FRESNO OF INTENTION TO ANNEX TRACT NO. 5555
AS ANNEXATION NO. 9 TO THE CITY OF FRESNO
COMMUNITY FACILITIES DISTRICT NO. 11 AND TO
AUTHORIZE THE LEVY OF SPECIAL TAXES
WHEREAS, the City is a charter city and municipal corporation duly created and
existing under the Constitution and laws of the State of California; and
WHEREAS, under the City of Fresno Special Tax Financing Law, Chapter 22 of the
Fresno Municipal Code (City Law), this Council, as the legislative body for the community
facilities district and any annexations thereto, has the authority to establish a community
facilities district and annex property to the district; and
WHEREAS, November 11, 2005 the Council of the City of Fresno ("Council")
adopted a resolution establishing the City of Fresno Community Facilities District No. 11
(CFD No. 11); and
WHEREAS, the boundaries of CFD No. 11 are shown on the Boundary Map of City
of Fresno Community Facilities District No. 11, recorded November 8, 2005, at Book 41,
Page 61 of Assessment and Community Facilities Districts in the Office of the Recorder,
County of Fresno, California, a copy of which is on file in the Office of the City Clerk; and
WHEREAS, the landowner of Tract No. 5555 has formally petitioned the City to
annex Tract No. 5555 to the CFD No. 11, and the area proposed for annexation to CFD
No. 11 is shown on shown on Exhibit "A," attached and incorporated herein by reference;
and
WHEREAS, the types of public services provided in the existing CFD No. 11 (the
"Services") are specified on Page B-2 of attached Exhibit"B,"which is incorporated herein
by reference; and
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Council Resolution No. 2006 - 248
Intention to Annex Tract No. 5555 to CFD No. 11
Page 2 of 5
WHEREAS, the types of public services to be provided to Annexation No. 9 (Tract
No. 5555) are specified on Page B-1 of Exhibit "B"; and
WHEREAS, CFD No. 11 and Annexation No. 9 will share costs proportionately for
Services provided by the City; and
NOW, THEREFORE, BE IT RESOLVED, BY THE COUNCIL OF THE CITY OF
FRESNO AS FOLLOWS:
1. Recitals. The foregoing recitals are true and correct.
2. Proposed Annexation No.1 Boundaries. The proposed boundaries of
Annexation No. 9 are as shown on the map (copy attached as Exhibit A) on file with the
City Clerk. The boundaries, shown in Annexation Map No. 9, for the territory proposed
to be annexed, are preliminarily approved. The Clerk is directed to record Annexation
Map No. 9, or cause it to be recorded, in the Office of the Recorder, Fresno County,
California within ten days after the adoption date of this Resolution.
3. Services. The Services proposed to be financed in Annexation No. 9
(Tract No. 5555) are listed in Exhibit "B", Page B-1, attached hereto.
4. Special Taxes. Except to the extent that funds are otherwise available to
the CFD No. 11 to pay for the Services in Annexation No. 9 (Tract No. 5555), a special
tax (Special Tax) sufficient to pay the costs thereof, secured by recording a continuing
lien against all nonexempt real property in Annexation No. 9, will be levied annually
within Annexation No. 9, and collected in the same manner as ordinary ad valorem
property taxes, or in any other manner as this Council or its designee shall determine,
including direct billing of the affected property owners. The proposed rate and method
of apportionment of the Special Tax among the real property parcels within Annexation
No. 9, in sufficient detail for each landowner within Annexation No. 9 to estimate the
Council Resolution No. 2006 - 248
Intention to Annex Tract No. 5555 to CFD No. 11
Page 3 of 5
maximum amount each owner will have to pay, are described in attached Exhibit "C,"
which is by this reference incorporated herein.
5. District Annexation Report. The Director of the Public Works
Department, as the officer having charge and control of the Services in and for CFD No.
11, or his designee, is directed to study the proposed Services and to make, or cause
to be made, and filed with the Clerk a report (District Report, CFD NO. 11, Annexation
No.1) in writing presenting the following:
a. A description of the Services by type required to adequately meet
the needs of CFD No. 11, Annexation No. 9.
b. An estimate of the fair and reasonable cost of the Services
including the cost of acquiring land, rights-of-way and easements, costs of any
physical services required in conjunction therewith, and incidental expenses in
connection therewith.
C. Describe any plan for services that will be provided in common with
the existing district and/or any territory that may be annexed.
d. If the Special Tax levied within the territory proposed to be
annexed is higher or lower than the existing CFD No. 11, identify the extent and
reasons why the costs to provide Services in that territory are higher or lower
than those provided in the existing CFD No. 11. Specify any alteration in the
special tax rate levied within the existing community facilities district because of
the proposed annexation.
The CFD No. 11, Annexation No. 9 Report shall be made a part of
the record of the public hearing specified below.
6. The propositions to set the appropriations limit and to approve the levy of
Council Resolution No. 2006 - 248
Intention to Annex Tract No. 5555 to CFD No. 11
Page 4 of 5
the special tax shall be combined into a single ballot and submitted to the voters
pursuant to City Law.
7. Tuesday, July 18, 2006 at 10:00 a.m., is fixed as the date and time, in the
City Council Chambers, 2600 Fresno Street, Fresno, California, this Council, that this
legislative body for CFD No. 11, will conduct a public hearing on the annexation of Tract
No. 5555 and will consider and finally determine whether the public interest,
convenience and necessity require the annexation and the levy of the Special Tax.
8. The City Clerk is directed to cause notice of the public hearing to be given
by publication once in a newspaper of general circulation published in the area of CFD
No. 11. The publication shall be complete at least seven days before the hearing date
set herein. The notice shall be in the form specified by City Law.
Attachments:
Exhibit A: Annexation Map No. 9
Exhibit B: Description of Services
Exhibit C: Rate and Method of Apportionment of Special Tax
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Council Resolution No. 2006- 248
Intention to Annex Tract No. 5555 to CFD No. 11
Page 5 of 5
CLERK'S CERTIFICATION
STATE OF CALIFORNIA }
COUNTY OF FRESNO }
CITY OF FRESNO }
I, REBECCA E. KLISCH, City Clerk of the City of Fresno, certify that the foregoing
Resolution was adopted by the Council of the City of Fresno, California, at a regular
meeting thereof, held on the 27th day of June , 2006.
AYES: Boyajian, Calhoun, Dages, Perea, Sterling, Westerlund, Duncan
NOES: None
ABSTAIN: None
ABSENT: None
REBECCA E. KLISCH
City Clerk
BY:
APPROVED AS TO FORM:
City Attorney's Office
BY:
Deputy
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EXHIBIT "B"
CITY OF FRESNO
Community Facilities District No. 11
Annexation No. 9
Description of Services to be Financed by Community Facilities District No. 11
for Annexation No. 9 (Final Tract No. 5555)
The Services that are to be financed for Annexation No. 9 (Final Tract No. 5555) by Community
Facilities District No. 11 ("CFD No. 11") will include all costs attributable to maintaining,
servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for
replacement) in public street rights-of-way and public landscape easements.
General maintenance will include, without limitation, mowing, edging, fertilizing, seeding,
aerating, and watering grass areas; repairing and replacing irrigation systems as necessary;
staking, pruning, replacing and spraying of trees and shrubs; removing litter, debris, and
garbage.
Services shall include all costs attributable to cleaning, maintaining, servicing, repairing and/or
replacing certain facilities (may include reserves for replacement)within public street rights-of-
way and landscape easements. Such facilities include, without limitation, Curb & gutter, valley
gutters, sidewalks, street lighting and signs.
Services shall include all costs attributable to street lighting services.
Maintenance costs will include a proportionate share of all other expenses that the City may
incur in administering the CFD No. 11.
All Services shall be provided by the City of Fresno, with its own forces or by contract with third
parties, or any combination thereof, to be determined entirely by the City of Fresno.
Nothing in this Exhibit or any other exhibit or provision of this Resolution shall be construed as
committing the City or CFD No. 11 to provide all of the authorized Services or to provide for the
payment of or reimbursement for all of the authorized incidental expenses. The provision of
Services and/or payment or reimbursement of incidental expenses shall be subject to the
successful formation of CFD No. 11 and the availability of sufficient proceeds of special taxes
within the District.
B-1
EXHIBIT "B"
CITY OF FRESNO
Community Facilities District No. 11
Formation
Description of Services currently financed by Community Facilities District No. 11
The services that are currently financed by Community Facilities District No. 11 ("CFD No. 11")
include costs of maintaining landscaped areas, including reserves for replacement, in public
street rights-of-way, public landscape easements and public open spaces officially dedicated for
public use.
Specifically, general maintenance of the above-described landscaped areas includes, without
limitation, mowing, edging, fertilizing, seeding, aerating, and watering grass areas; repairing and
replacing irrigation systems as necessary; staking, pruning, replacing and spraying of trees and
shrubs; removing litter, debris, and garbage.
In addition, services include all costs of cleaning, maintaining, servicing, repairing and/or
replacing certain facilities (including reserves for replacement)within street rights-of-way and
easements dedicated for public use. Such facilities include, without limitation, street paving,
curbs, gutters, inlets, sidewalks, street lighting, hydrants, street trees, street furniture, entry
features and park amenities
Services shall include costs attributable to street lighting services.
Services may include costs attributable to police, fire, traffic control and recreational services.
Maintenance costs also include a proportionate share of all other expenses that the City incurs in
administering the CFD No. 11.
All of the above services shall be provided by the City of Fresno, with its own forces or by
contract with third parties, or any combination thereof, to be determined entirely by the City of
Fresno.
Nothing in this Exhibit or any other exhibit or provision of this Resolution shall be construed as
committing the City or CFD No. 11 to provide all of the authorized services or to provide for the
payment of or reimbursement for all of the authorized incidental expenses. The provision of
Services and/or payment or reimbursement of incidental expenses shall be subject to the
successful formation of CFD No. 11 and the availability of sufficient proceeds of special taxes
within the District.
B-2
EXHIBIT "C
CITY OF FRESNO
Community Facilities District No. 11
Annexation No. 9
Rate and Method of Apportionment of Special Tax
Cost Estimate
The estimate breaks down the costs of providing 1 year's service for FY 06-07
ITEM DESCRIPTION ESTIMATED COST
1 Landscape Maintenance $ 11,410.00
2 Feature Maintenance 1,855.00
3 Annual Administrative Costs
a. Engineering 473.00
b. Legal Services 52.00
Total $ 13,790.00
Subdivision Appropriation Limit
MAX. TAX NUMBER APPROPRIATION
TRACT PER EDU OF UNITS LIMIT Subdivider
5555 $394.00 35 $200,000.00 Generation Homes, Inc.
C-1
EXHIBIT "C
City of Fresno
Community Facilities District No. 11
Annexation No.9
Rate and Method of Apportionment of Special Tax
A special tax applicable to each Assessor's Parcel in Community Facilities District No. 11 (herein "CFD
No. 11") shall be levied and collected according to the tax liability determined by the City Council of the
City of Fresno, through the application of the appropriate amount or rate for Taxable Property, as
described below. All of the property in CFD No. 11, unless exempted by law or by the provisions of
Section E below, shall be taxed for the purposes, to the extent, and in the manner herein provided,
including property subsequently annexed to CFD No. 11 unless a separate Rate and Method of
Apportionment of Special Tax is adopted for the annexation area.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Assessor's Parcel" or "Parcel" means a lot or parcel shown on an Assessor's Parcel Map with an
assigned Assessor's Parcel number.
"Assessor's Parcel Map" means an official map of the County Assessor of the County of Fresno
designating parcels by Assessor's Parcel Number.
"City" means the City of Fresno.
"City Law" means the City of Fresno Special Tax Financing Law, Chapter 22 of the Fresno Municipal
Code.
"Council" means the City Council of the City of Fresno, acting as the legislative body of CFD No. 11.
"Developable Lot" means, within any Final Map approved in the CFD, a lot that is anticipated for
development of residential or non-residential uses, and which is not an outlot, remainder parcel or other
parcel which is not intended to be developed or which must be further subdivided before being
developed.
"Excluded Parcels" means those Assessor's Parcels identified as ineligible for inclusion in the CFD as
shown in "Attachment 1" of this Rate and Method of Apportionment of Special Tax.
"Final Map" means a final map, or portion thereof, approved by the Council pursuant to the Subdivision
Map Act (California Government Code Section 66410 et seq.) that creates individual Developable Lots
for which building permits may be issued. The term "Final Map" shall not include any Assessor's Parcel
Map or subdivision map or portion thereof, that does not create individual Developable Lots for which a
building permit may be issued, including Assessor's Parcels that are designated as remainder parcels.
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EXHIBIT "C
"Fiscal Year" means the period starting April 1 and ending on the following March 31.
"Maximum Special Tax" means the maximum Special Tax, determined in accordance with Section C,
that can be levied in any Fiscal Year.
"Proportionately" means, in any Fiscal Year, that the ratio of the actual Special Tax to the Maximum
Special Tax is equal for all Assessor's Parcels in the CFD.
"Public Property" means any property within the boundaries of the CFD No. 11 that is owned by the
federal government, State of California or other local governments or public agencies.
"Residential Unit" means a residential dwelling unit and shall include single family homes,
condominiums, town homes, duplex, triplex and fourplex units, and individual apartment units in a multi-
family building. For purposes of the levy of Special Taxes pursuant to Section C below, "Residential
Units" shall include dwelling units already built on Taxable Property in the CFD, as well as dwelling units
planned, but not yet built, when the Special Tax is levied each Fiscal Year.
"Shared Services" means the costs of services are paid equally by the property owners of two or more
subdivisions.
"Special Tax" means any special tax to be levied each Fiscal Year on Assessor's Parcels of Taxable
Property to fund the Special Tax Requirement as defined below.
"Special Tax Requirement" means the amount necessary in any Fiscal Year to (i) pay authorized
maintenance and improvement expenses, (ii) pay administrative expenses of CFD No. 11, and (iii) cure
any delinquencies in the payment of Special Taxes levied in prior Fiscal Years or(based on
delinquencies in the payment of Special Taxes which have already taken place) are expected to occur
in the Fiscal Year in which the tax will be collected.
"Taxable Property" means all of the Assessor's Parcels within the boundaries of CFD No. 11 which
are not exempt from the Special Tax pursuant to law or Section E below.
"Tract" means an area of land within a subdivision identified by a particular tract number on a Final
Map approved for the subdivision.
B. CALCULATION OF RESIDENTIAL UNITS
On April 1 of each Fiscal Year, the City or its designee shall determine how many Residential Units are
built, or allowed to be built, on Assessor's Parcels within the CFD. For Parcels of undeveloped property
zoned for development of single family attached or multi-family units, the number of Residential Units
shall be determined by referencing the condominium plan, apartment plan, site plan or other
development plan, or by assigning the maximum allowable units permitted based on the underlying
zoning for the Parcel. Once a single family attached or multi-family building or buildings have been built
on an Assessor's Parcel, the City or its designee shall determine the actual number of Residential Units
contained within the building or buildings, and the Special Tax levied against the Parcel in the next
Fiscal Year shall be calculated by multiplying the actual number of Residential Units by the Maximum
Special Tax per Residential Unit identified for the Tract in Section C, Table 1 below.
C-3 DAwp\cfd11\Anx009\R0I\exhib-C RMA
EXHIBIT "C
C. MAXIMUM SPECIAL TAX
The Maximum Special Tax applicable to each Assessor's Parcel in CFD No. 11 shall be specific to each
Tract within the CFD. When additional property is annexed into CFD No. 11, the rate and method
adopted for the annexed property shall reflect the Maximum Special Tax for the Tract or Tracts then
annexed. The Maximum Special Tax for Fiscal Year 2006-2007 for a Residential Unit within Tract 5555
is identified in Table 1 below:
Table 1
Maximum Special Tax
(Fiscal Year 2006-2007)*
Tract Number** Maximum Special Tax
5555 $ 394.00 per Residential Unit
* Beginning in January 2007 the Maximum Special Tax shall be adjusted upward
annually by 3 percent plus any increase in the construction cost index for the San
Francisco Region for the prior 12-month period as published in the Engineering News
Record, or published in a comparable index if the Engineering News Record is
discontinued or otherwise not available. Each annual adjustment of the Maximum
Special Tax shall become effective on the subsequent July 1.
** A Special Tax shall be levied on all parcels within an identified Tract except
Excluded parcels as identified in Attachment 1.
D. METHOD OF LEVY AND COLLECTION OF THE SPECIAL TAX
Commencing with Fiscal Year 2006-2007, the Special Tax shall be levied on all Parcels of Taxable
Property as follows:
Step 1: Determine the Special Tax Requirement (as defined in Section A above) for the
Fiscal Year in which the Special Tax will be collected;
Step 2: Calculate the total Special Tax revenues that could be collected from Taxable
Property within the CFD based on applying the Maximum Special Tax rates
determined pursuant to Section C above to the number of Residential Units on each
Parcel of Taxable Property in the CFD;
If the amount determined in Step 1 is greater than or equal to the amount calculated
in Step 2, levy the Maximum Special Tax set forth in Table 1 above on all Parcels of
Taxable Property in the CFD.
If the amount determined in Step 1 is less than the amount calculated in Step 2, levy
the Special Tax proportionately against all parcels of Taxable Property up to 100% of
the Maximum Special Tax for each Tract as identified in Table 1, until the amount of
the Special Tax levy equals the Special Tax Requirement for that Fiscal Year.
C-4
EXHIBIT "C
The Special Tax for CFD No. 11 shall be collected in the same manner and at the same time as
ordinary ad valorem property taxes, provided, however, that CFD No. 11 may(under the authority of the
City Law), in any particular case, bill the taxes directly to the property owner off the County tax roll, and
the Special Taxes will be equally subject to penalties and foreclosure if delinquent.
E. EXEMPTIONS
Notwithstanding any other provision of this Rate and Method of Apportionment of Special Tax, no
Special Tax shall be levied on parcels that have been conveyed to a Public Agency, except as otherwise
provided in City Law. In addition, no Special Tax shall be levied on Excluded Parcels or Parcels that are
determined not to be Developable Lots.
C-5
ATTACHMENT 611"
City of Fresno
Community Facilities District No. 11
Annexation No.9
Excluded Parcels within Each Tract
THERE ARE NO EXCLUDED PARCELS IN FINAL TRACT MAP NO. 5555
C-6